I recently received another offer from “United States Trademark Maintenance Service.” It raises as many questions as it does answers.
- Do they help their clients understand the declaration to be signed?
- Are they attorneys providing this services who are bound by the professional rules of ethics, attorney-client privilege, and such?
- What if all the goods and services in the registration are no longer in use?
- Why does their form look so simple?
- How come their website does not work?
- Who will sign the filing with the USPTO?
- What about Section 15 affidavits – do they file them? Do they advise what the benefits are or whether one is appropriate?
- What will happen if a post-registration office action is issued? Who will be responsible for docketing the deadline and filing a response?
- What if the Section 8 filing is randomly selected as part of the Post Registration Proof of Use Audit Program?
- Furthermore, it contains a falsehood, that the “USPTO does not provide any reminder of the section 9 requirement beyond the information of the original Certificate of Registration…” The USPTO sends email reminders to registrants regarding the commencement of the Section 8 period.
The USPTO lists this offer on its Caution: misleading notices page. Note that it appears that the form appearance and details have been updated slightly recently.
